Back
N. KOTISWAR SINGH, MOHAMMAD YOUSUF WANI
Jahangir Ahmad Wani – Appellant
Versus
Union Territory of J&K (Home Department) – Respondent
JUDGMENT :
N.Kotiswar Singh,
1. Heard Mr. G.N. Shaheen, learned counsel assisted by Mr. Asif Nabi, appearing on behalf of appellant as also Mr. Zahid Ahmad Noor, learned GA, appearing on behalf of respondents.
2. The present appeal has been filed questioning the correctness of the judgment dated 12.06.2023 passed by the learned Single Judge in WP (Crl) No.157/2022 titled Jahangir Ahmad Wani versus UT of J&K, by which the challenge made by the detenue of his detention order no.15/DMP/PSA/22 dated 08.04.2022 was rejected.
3. Mr. G.N. Shaheen, learned counsel appearing for the appellant has submitted before us that learned Single Judge, unfortunately, did not consider and deal with various grounds of challenge to the said detention order raised in the writ petition and the same was dismissed without proper application of mind by the learned Single Judge.
4. Be that as it may, he has submitted that otherwise also, the detention order cannot sustain judicial scrutiny for the following reasons: -
The court upheld the preventive detention order, affirming that the Detaining Authority's subjective satisfaction was valid and the grounds of detention were adequately communicated to the detenue.
Preventive detention orders must be based on specific and substantiated grounds, with the detaining authority required to apply its mind independently to the facts of the case, and any significant de....
Pendency of prosecution in a substantive offence is no bar to an order of preventive detention. Preventive detention and prosecution are two different areas.
Preventive detention orders must be based on specific, documented grounds that are communicated to the detainee, ensuring compliance with constitutional safeguards under Articles 21 and 22.
Preventive detention requires clear grounds and sufficient material to justify the detention, ensuring the detainee's right to make an effective representation is upheld.
The main legal point established in the judgment is that preventive detention under the Jammu & Kashmir Public Safety Act, 1978 is justified based on the detenue's past conduct and likelihood to enga....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
